Understanding Medical Assessments After a Wildlife Strike
If you were injured in a wildlife animal strike in regional NSW, you may need to undergo a medical assessment as part of your CTP claim. These assessments determine your eligibility for treatment, income support, and potential damages. The Motor Accident Injuries Act 2017 (MAIA) governs these claims, and your outcome depends on the nature of your injuries, the timing of your treatment, and whether you meet the legal thresholds for compensation.
What to Expect in a Medical Assessment
Medical assessments for CTP claims are conducted by independent practitioners approved by SIRA. The assessment evaluates your injuries, assesses ongoing impairment, and determines whether you meet the threshold for damages. Common injuries from wildlife strikes include whiplash, soft tissue injuries, fractures, and psychological trauma. SIRA’s Motor Accident Guidelines set the standards for these evaluations.
Preparing for Your Medical Assessment
To support your claim, gather the following evidence:
- A copy of your medical records, including imaging reports and specialist notes.
- Details of all treatments, including dates, practitioners, and outcomes.
- A diary of symptoms, pain levels, and functional limitations since the accident.
- Photographs of vehicle damage and any visible injuries.
- Witness statements, if available.
- Proof of lost income, such as payslips or employer letters.
SIRA advises being honest about your symptoms and seeking medical attention promptly. Delaying treatment may affect your claim.
Legal Thresholds for Compensation
Damages for pain and suffering are only available if your injuries meet the threshold for a whole person impairment (WPI) of at least 10%. Threshold injuries, defined under MAIA s 1.6 as soft tissue injuries, do not qualify for damages unless they result in a WPI. If your only injuries are soft tissue and you do not meet the WPI threshold, you may still receive treatment and income benefits, but damages are not available.
For example, if you sustained a soft tissue injury from a kangaroo strike and a medical assessment confirms a 12% WPI due to a spinal nerve-root injury with neurological signs (not radiculopathy), you may be eligible for damages. However, if your injury is limited to soft tissue with no measurable impairment, damages will not be awarded.
Time Limits for Claims
You must notify your insurer of the accident within 6 months of the incident or when you first became aware of a connection between the accident and your injury. If you are seeking damages, you must begin legal proceedings within 3 years of the accident date. These deadlines apply regardless of the location of the strike.
What Happens After 52 Weeks?
If your only injuries are threshold injuries, weekly benefits and treatment and care benefits generally cease after 52 weeks under MAIA ss 3.11 and 3.28. This applies because the Act provides for limited benefits for injuries that do not meet the WPI threshold.
When to Seek Legal Advice
If you are unsure about your claim, facing a dispute, or experiencing delays in benefits, seek independent legal advice. SIRA does not provide legal advice, and insurers may not represent your best interests. Legal professionals can help you understand your rights and navigate the claims process.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.